[1] The appellant herein - Corporation has filed this First Appeal challenging the order dated 01.03.2012 passed by E.S.I.Court in Appeal No.10 of 2011 whereby the E.S.I.Court has confirmed the order dated 06.05.2010 passed by Medical Appellate Tribunal in FA(MAT)No.64 of 2010.
[2] Respondent herein - original appellant - insured person received six fracture injury on right leg and there was crush injury also. Medical Board assessed disability at 1% of insured person on 18.03.2009. Aggrieved by said order, respondent herein - insured person filed FA(MAT) No.64 of 2010 before the Medical Appellate Tribunal. After considering documentary evidence, Medical Appellate Tribunal awarded 18% disability vide order dated 06.05.2010. Appellant herein - ESI Corporation filed review application no.10 of 2010 before Medical Appellate Tribunal which came to be rejected vide order dated 18.12.2010. Appellant herein - ESI Corporation filed Appeal being Appeal No.10 of 2011 before the E.S.I. Court against the order dated 06.05.2010 passed by Medical Appellate Tribunal. E.S.I. Court vide order dated 01.03.2012 dismissed the appeal preferred by the Appellant herein and confirmed the order dated 06.05.2010 passed by Medical Appellate Tribunal. Hence, this First Appeal.
[3] It is submitted by learned advocate for the appellant - Corporation that findings given by the E.S.I. Court are against provisions of ESI Act. The order passed by E.S.I. Court is contrary to law and evidence on record. Therefore, it is requested to allow First Appeal.
[4] Heard learned advocates for the respective parties. This Court gone through the order dated 01.03.2012 passed by E.S.I. Court in Appeal No.10 of 2011. It is not in dispute that insured person received six fracture injuries. In opinion of this Court, considering the nature of injury, disability assessed by the Medical Appellate Tribunal is just and proper and it is rightly confirmed by E.S.I.Court. By no stretch of imagination it can be believed that in such kind of accident, insured person received only 1% disability. This Court is in agreement with the findings given by Medical Appellate Tribunal as well as E.S.I. Court.
[5] In view of above, no interference is called for in the findings arrived at by Medical Appellate Tribunal as well as E.S.I. Court. The First Appeal therefore, is summarily dismissed. No order in Civil Application and same is disposed of.
[M.D.Shah, J.] satish Top